Child Protection
The Child and Young Persons Act (Northern Ireland) 1968 is the legislative basis for certain offences against children. If a person over 16 who has responsibility for a child or young person under that age willfully assaults, ill-treats, neglects, abandons, exposes, or causes or procures him to be so treated, in a manner likely to cause him unnecessary suffering or injury to health, that person is guilty of an offence. They may be subject, on conviction on indictment, to an unlimited fine and imprisonment for up to 10 years, and on summary conviction, to a fine at level 3 on the standard scale and imprisonment for a maximum of six months, or both.
A parent or other person legally liable to maintain a child or young person, or the legal guardian, is deemed to have neglected them in a manner likely to cause injury to health if they have failed to provide adequate food, clothing, medical aid, or lodging, or having been unable otherwise to provide such necessities, they have failed to take steps to procure that it is provided under the health and social services legislation.
If a person, having responsibility for a child who has attained the age of four or a young person, allows that child or young person to reside in or frequent a brothel, they are guilty of an offence. They are subject, on conviction on indictment, to imprisonment for up to six months or an unlimited fine, or on summary conviction, to a fine at level 3 on the standard scale or imprisonment for up to six months.
If a person causes or procures a child or young person under sixteen, or having responsibility for them, allows them to be in any street, premises, or place for the purpose of begging or receiving alms, or inducing the giving of alms, whether or not by the pretence of singing, playing, performing, offering anything for sale, or otherwise, they are guilty of an offence. They are liable, on summary conviction, to a fine of up to level 3 on the standard scale and imprisonment for up to three months, or both.
If a person, having responsibility for a child or young person, is charged with an offence, and it is proved that the child was in a premises, street, etc., for such a purpose and the person allowed the child to be in the street, they shall be presumed to have allowed them in the street for that purpose, until the contrary is proved.
If a person gives or causes to be given any intoxicating liquor to a child other than by way of medical prescription or in the case of apprehended sickness or other cause, they are guilty of an offence subject to summary conviction and a fine not exceeding level 3 on the standard scale.
If a person who has attained the age of sixteen years, having responsibility for a child under twelve, allows the child to be in a room containing an open fire or heating appliance liable to cause injury by contact, which is not sufficiently protected to guard against the risk of being burnt or scalded, without taking reasonable precautions, they are guilty of an offence. They are liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Where entertainment is provided for children, if the number of children attending exceeds 100, it is the duty of the person providing the entertainment to station and keep stationed a sufficient number of adult attendants, properly instructed in their duties, to prevent more children or other persons from being admitted than the premises can accommodate, and to control the movement of children and other persons admitted while entering and leaving the premises and to take all reasonable precautions for the safety of the children.
Where an occupier of premises permits, for hire or reward, the premises to be used for the purpose of entertainment, they must take all steps to secure the observance of the foregoing obligations.
Any person who fails in their obligations is guilty of an offence liable to summary conviction and a fine up to level 3 on the standard scale. Where the premises are licenced under legislation regarding the licensing of theaters or other places of entertainment, the licence shall be liable to be revoked.
A constable may enter premises for the purpose of the enforcement of the legislation. An authorized officer of the authority licensing may also enter the premises. It is an offence to obstruct a constable or officer in the exercise of their function.
Where a person is charged with committing the offences in respect of several children or young persons of the same complaint or summons may charge the offences in respect of all of them.
A person may be charged under the same summons or complaint with offences of assault, ill-treatment, neglect, abandonment, together or separately.
If property, whether in the possession of the person charged with the offence or another person, with intent to destroy the life of a child then born live by any willful act causes a child before it has an independent existence, is guilty of felony known as child destruction. A person so convicted is liable on indictment to penal servitude for life.
A person shall not be found guilty unless it is proved that the act which caused the death of the child was not done in good faith only for the purpose of preserving the life of the mother. Further evidence that a woman had at any material time been pregnant for a period of 28 weeks, it is proved that she was at that time pregnant with a child capable of being born alive.
Where on a trial of a person for the murder or manslaughter of a child, or for infanticide, or for the offence of procuring an abortion, the jury are of opinion that the person is not guilty of murder, those offences but that they may be shown by the evidence to be guilty of child destruction, the jury may convict them of that offence.
Where on the trial of any person for the offence of child destruction, the jury is of opinion that the person charged is not guilty of that offence but may be guilty of administering drugs or instruments with a view to procuring abortion, that person may be found guilty of that latter offence.
Where a woman by any willful act or omission causes the death of her child being a child under the age of 12 months, but at the time of the act or omission, the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation concequent upon the birth, then, notwithstanding the offence would otherwise constitute murder, she shall be guilty of a felony, infanticide. She may be dealt with and punished as if she had been guilty of manslaughter of the child.
Where a woman is charged with murder of a child under 12 months and the jury is of the opinion that she did wilfully cause his death but at the time she may be convicted of infanticide in place if it concludes that at the time of birth her mind was disturbed for the reasons mentioned above.
The Tattooing of Minors (Northern Ireland) Order 1979 prohibits the tattooing of minors. A person guilty of an offence is liable on summary conviction to a fine not exceeding £500.